Lombard panel may sue to save DuPage Theatre

Historical Commision, Village Board at odds

Proponents of saving the DuPage Theatre have a little something to say before the wrecking ball comes calling: It ain't over yet.

While Lombard is seeking bids for demolition of the 1928 theater, the Lombard Historical Commission unanimously passed two motions Monday night to keep the razing at bay.

FOR THE RECORD - This story contains corrected material, published Sept. 24, 2005.

The commission voted to retain an attorney and to seek any remedy available, including legal action, to force the village to abide by a six-month delay in demolition that the commission believes it is entitled to by law.

"We are solidified in the idea that we are a commission for a reason," said Commissioner Rita Schneider. "And our goal is to make certain that the Historical Commission is recognized and that it has some authority."

Attorney Zachary Wilson on Monday plans to file a writ of mandamus--an order that would enforce the six-month delay.

And if the Village Board were to make any move toward demolition, a temporary restraining order immediately would be filed until the issue could be resolved, Wilson said Tuesday.

Commission members and theater supporters feel pressure to act fast because some say anything could happen--including a late-night demolition similar to the one performed in 2003 when Chicago Mayor Richard Daley had city construction crews tear up the runway at Meigs Field in the wee hours of the morning.

"It's always been a possibility," said Deb Dynako of Friends of DuPage Theatre, a non-profit group dedicated to saving the theater. "With [village trustees], nothing would surprise us. They have violated the public trust and will continue to do so."

This month, the Village Board voted 4-2 to reject $1.3 million in federal and state funds that could have been used to help save the theater or put off its demise. The board voted to accept bids to demolish the theater on June 2 (this sentence as published has been corrected in this text).

Also up for debate is how much authority the Historical Commission has and what its role is.

Under village ordinance, the commission acts in an advisory role in some instances and independently in others.

Legal action would be a big step.

"I have a concern about [the commission] taking that direction, because they are an arm of the village," said Village President William Mueller. "We fund the commission. They represent us. They have our staff, our attorneys."

"I think what they're doing is, first, not legal, although I'll wait for a determination from counsel," he said. "Although I know it's not going to help build relations between the Village Board and the commission."

Commissioner John Egan acknowledged that most commissions report to a Village Board.

"Most often, a recommendation is just that, a recommendation," he said. "And if the board doesn't accept it, then you move on.

"But not when it is a historic building. We're dealing with the demolition of an historic site and we have to, if we were appointed to protect, we have an obligation to carry that through."

The Spanish-themed theater was designed by Rapp & Rapp, the architectural firm that designed the Oriental Theatre in Chicago, and was added to the National Register of Historic Places in 1987.